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Texas Man Freed After DNA Clears Him Of 1988 Rape
CBS Local (DFW) ^ | August 24, 2012 | CBS Dallas

Posted on 08/27/2012 7:33:28 PM PDT by Altariel

FORT WORTH (CBSDFW.COM) – After serving 24 years in prison for a crime he didn’t commit, today a North Texas man received an apology from a judge and a standing ovation in the courtroom.

David Lee Wiggins was freed from jail Friday after DNA tests proved he wasn’t the person who raped a 14-year-old girl back in 1988.

Wiggins was convicted of Aggravated Sexual Assault in 1989 after the teen victim identified him. The person who assaulted the young girl had covered her face for during most of the attack. Police showed the girl a photo lineup, then a live lineup and the girl said Wiggins looked familiar.

“He [Wiggins] was the only person who was both in the photo array and in the lineup, so of course she recognized him,” said Nina Morrison, an attorney with the Innocence Project of New York.

As he left the courtroom today he said he had no animosity toward the victim who mistakenly identified him.

“It was never he fault. She didn’t do nothing… I know that,” he said. “She was a victim. I’m sorry about what happened to her and I want her to know it.”

The Innocence Project nonprofit group successfully obtained the DNA test that proved Wiggins definitely wasn’t the girl’s attacker.

Recalling the day he got word about the test results Wiggins said, “They [the Innocence Project] called me again and said that the results are in and I’m innocent. It was kind of like ya know when I first got the life sentence. I was numb. I couldn’t really believe it.”

(Excerpt) Read more at dfw.cbslocal.com ...


TOPICS: Miscellaneous
KEYWORDS: davidwiggins; dna; innocent; texas
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1 posted on 08/27/2012 7:33:31 PM PDT by Altariel
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To: Altariel

And Texas says “Our bad - have a nice day”


2 posted on 08/27/2012 7:38:33 PM PDT by SkyDancer ("OF COURSE I TALK TO MYSELF - Sometimes I need an expert opinion")
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To: Altariel

That’s why I oppose the death penalty in so many cases.


3 posted on 08/27/2012 7:39:49 PM PDT by Paradox (I want Obama defeated. Period.)
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To: Altariel

Now, is anyone going to get that falsifying “victim” in jail? That “victim” destroyed an innocent man’s life. The entire prosecution should be in jail for this.


4 posted on 08/27/2012 7:44:24 PM PDT by sagar
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To: Paradox
That’s why I oppose the death penalty in so many cases.

Now that DNA testing is availible, all death penalty cases - and waiting death row cases - should be confirmed, wherever possible, by DNA testing, on the government (taxpayer) dime. It should be a mandatory part of the conviction process in the case of capital crimes.

5 posted on 08/27/2012 7:48:02 PM PDT by Talisker (One who commands, must obey.)
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To: sagar
"The entire prosecution should be in jail for this."

According to the article...

"Wiggins is the second person in Tarrant County to have a conviction overturned by DNA, since 2001..."

It would be interesting to see if any of the same persons were involved in both cases.

6 posted on 08/27/2012 7:48:24 PM PDT by Joe 6-pack (Que me amat, amet et canem meum)
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To: Altariel
Just curious . . . what was DNA’d? Why was it conclusive that this Defendant was actually innocent? Was their fluid that eliminated this suspect and that was erroneously typed? What forensic evidence was used for, and then ultimately against, conviction?

Did this suspect have the opportunity to commit the crime? Was it his first offense with a “clean sheet” prior to this?

These are just questions of interest, none of which are asked in support of, or against this particular decision.

The Innocence Project, however, has a definite agenda and the full truth is seldom in their releases or information. I'm neither an advocate nor a foe of their project. Just somewhat skeptical at times.

Oldplayer

7 posted on 08/27/2012 7:48:31 PM PDT by oldplayer
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To: Altariel

$80 K/yr X 22 years = $1.76 million. Not as much as it should be but not bad.


8 posted on 08/27/2012 7:48:42 PM PDT by spel_grammer_an_punct_polise (I wanna start a Seniors' Motor Scooter Gang. Wanna join?)
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To: oldplayer

“Was their fluid that eliminated this suspect and that was erroneously typed?”

DNA was in its infancy in 1988 and probably not even used in this case.


9 posted on 08/27/2012 7:51:44 PM PDT by spel_grammer_an_punct_polise (I wanna start a Seniors' Motor Scooter Gang. Wanna join?)
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To: SkyDancer

And, pay him $80,000 a year.


10 posted on 08/27/2012 7:53:14 PM PDT by Jrabbit
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To: sagar

You want to put a rape victim ( that was 14 years old at the time she was raped) in jail?


11 posted on 08/27/2012 7:53:44 PM PDT by JohnBrowdie (http://forum.stink-eye.net)
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To: sagar

It may not be a case of a falsifying “victim” but of police officers who “encouraged” him to confess.

It is possible to have two legitimate victims, here—the victim of rape and the victim of false accusation.


12 posted on 08/27/2012 7:53:57 PM PDT by Altariel ("Curse your sudden but inevitable betrayal!")
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To: sagar

Quoting from the article:

Wiggins was convicted of Aggravated Sexual Assault in 1989 after the teen victim identified him. The person who assaulted the young girl had covered her face for during most of the attack. Police showed the girl a photo lineup, then a live lineup and the girl said Wiggins looked familiar.

“He [Wiggins] was the only person who was both in the photo array and in the lineup, so of course she recognized him,” said Nina Morrison, an attorney with the Innocence Project of New York.

As he left the courtroom today he said he had no animosity toward the victim who mistakenly identified him.

“It was never he fault. She didn’t do nothing… I know that,” he said. “She was a victim. I’m sorry about what happened to her and I want her to know it.”

*****
Ironic, that the falsely accused man has more compassion for his fellow victim than you have shown here.


13 posted on 08/27/2012 7:56:23 PM PDT by Altariel ("Curse your sudden but inevitable betrayal!")
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To: JohnBrowdie

“You want to put a rape victim ( that was 14 years old at the time she was raped) in jail?”

Falsely accuse a man of rape (like in this case), then, absofreakinlutely. I don’t want to get in Akin like fiasco here, but, can I ask if there was evidence she was raped? Regardless, having being raped does not warrant falsely accusing others and destroying their lives. Actions have consequences. This feminist women victumhood by default is destructive.


14 posted on 08/27/2012 8:01:03 PM PDT by sagar
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To: Altariel

I can’t believe the jury convicted on “looks familiar.”


15 posted on 08/27/2012 8:03:53 PM PDT by KansasGirl ("If you have a business, you didn't build that. Somebody else made that happen."--B. Hussein Obama)
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To: sagar

The one person you haven’t advocated jailing is the actual rapist.

Doubly fascinating.


16 posted on 08/27/2012 8:04:39 PM PDT by Altariel ("Curse your sudden but inevitable betrayal!")
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To: Altariel

They did a DNA sweep in Kansas of incarcerated convicted felons in the late 90’s; it resulted in some new convictions for old unsolved cases. Very few exonerations.

Still, the accused deserve our very best prosecutorial effort. That is what separates us from the kangaroos.

I’m with you.


17 posted on 08/27/2012 8:05:06 PM PDT by One Name
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To: Altariel

“Ironic, that the falsely accused man has more compassion for his fellow victim than you have shown here.”

She lost any compassion from me the moment she falsely accused him of rape. That man has been through a lot in his wasted 24 years. May be he just does not see it black-white. But I do.


18 posted on 08/27/2012 8:05:47 PM PDT by sagar
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To: Altariel

“It is possible to have two victims...”

That is the sad crux of the matter.


19 posted on 08/27/2012 8:07:04 PM PDT by berdie
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To: Altariel

“The one person you haven’t advocated jailing is the actual rapist.

Doubly fascinating.”

Doubly fascinating was the entire prosecution, cops, and the victims NOT pointing at the true rapist, instead an innocent man was framed. May be there was no real rapist? Hmm. Possible?


20 posted on 08/27/2012 8:08:50 PM PDT by sagar
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